On April 10, 2014, the Department of Justice and Federal Trade Commission issued a joint policy statement on the antitrust implications of sharing cybersecurity information to help facilitate the flow of cyberintelligence throughout the private sector. The statement addresses the long-standing concern that sharing cyberintelligence may violate antitrust law under certain circumstances and explains the analytical framework for such arrangements to make it clear that legitimate cyberintelligence exchanges will not raise antitrust issues.
Recent guidance from the National Institute of Standards and Technology (“NIST”) encourages federal agencies to take advantage of cloud computing. It also provides draft security and privacy guidelines for federal agencies to follow when engaging cloud providers. The draft guidelines serve as roadmaps for how to negotiate meaningful privacy and data security protections from cloud providers. Though prepared for federal agencies, the draft guidelines could prove influential to the private sector as an increasing number of private businesses use cloud services. NIST has requested comments on the drafts by no later than February 28, 2011.
Cisco has launched a Privacy and Security Compliance Journey web site with a variety of useful materials and resources. Hogan Lovells is pleased to have its primer on legal issues in Cloud Computing including privacy and data security concerns as the first featured content on the Cisco site. A link to the primer is contained in this blog entry.
On November 2, the General Services Administration published the Proposed Security Assessment & Authorization for U.S. Government Cloud Computing guidelines, developed by an interagency team composed of representatives from the CIO Council, GSA, the National Institute of Standards and Technology (“NIST”), and other organizations. This blog entry describes the proposals.